2014 Kentucky Revised Statutes CHAPTER 202A - HOSPITALIZATION OF THE MENTALLY ILL 202A.202 Transfer of mentally ill patients or patients with an intellectual disability between facilities.
Download as PDF
202A.202 Transfer of mentally ill patients or patients with an intellectual
disability between facilities.
(1)
(2)
(3)
The cabinet may transfer mentally ill patients or patients with an intellectual
disability between hospitals, between hospitals and forensic psychiatric
facilities, between hospitals and residential treatment centers for individuals
with an intellectual disability, between residential treatment centers for
individuals with an intellectual disability, and between residential treatment
centers for individuals with an intellectual disability and forensic psychiatric
facilities. A transfer shall be made upon the mutual agreement of the
administrative officer, the officer's designated representative or an authorized
staff physician of each facility, if the agreement is based upon one (1) of the
following findings by the officers, representatives or physicians:
(a) That the transfer will improve the opportunities of the patient to receive
care and treatment most likely to be of benefit to the patient;
(b) That the transfer will permit the patient to receive care and treatment in
the least restrictive alternative mode of treatment, considering the degree
of danger or threat of danger to self or others which the patient presents;
or
(c) That the transfer is part of an individual treatment plan which has been
reviewed and approved by a court.
The patient or his guardian or designated family member prior to transfer, shall
receive notice of said proposed transfer and shall be allowed to challenge the
transfer as part of his individual treatment plan under the provisions of KRS
202A.191, 202A.196, and KRS 210.270.
In an emergency situation where the patient presents a danger of serious injury
or death to self or others within the institution so as to require immediate
transfer to a more secure facility and which condition cannot be treated or
resolved within a reasonable period of time in the present facility, the secretary
may immediately transfer the patient to a more secure facility while the appeal
provisions described in subsection (2) of this section are being carried out. In
this event counsel shall be provided to the patient within three (3) days.
Effective:July 12, 2012
History: Amended 2012 Ky. Acts ch. 146, sec. 34, effective July 12, 2012. -Created 1988 Ky. Acts ch. 139, sec. 10, effective July 15, 1988.
Disclaimer: These codes may not be the most recent version. Kentucky may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.